Important Information – Please read these Booking Conditions carefully as they contain important information about your agreement with 360°Mongolia – Eco Tour Production AB, Sweden for your journey in Mongolia.
Last updated: 28/12/2018
1.1 ‘Client’ means the person or company making a reservation or booking with 360°, and if there are more than one persons or companies making the booking, these Booking Conditions bind them jointly and severally.
1.2 ‘Booking Conditions’ means these booking terms and conditions.
1.3 360° means Eco Tour Production AB, 556440-7905, incorporated in Sweden. 360° Mongolia is the market brand name for the sales of tours in Mongolia and near vicinity of the same.
1.4 ‘Suppliers’ means service providers engaged by 360° in Mongolia to provide components of a tour.
- Services provided by 360°
2.1 360° is a travel agent. The Client wishes to engage 360° to put together a tour for the Client in Mongolia, and select and engage Suppliers to provide different components of that tour. Ground supplier in Mongolia is mostly Nomadic Journeys LLC of Mongolia, which is the tour operator. At some instances, such as hotels and lodges, and domestic airline, there are well-selected Mongolian suppliers. In some cases journeys starts or ends with transits through China, Kazakhstan or the Altai Republic of Russia, where a national ground tour operator is engaged for each country. 360° specializes in expedition trips, and do not offer international air ticketing.
- Formation of contract
3.1 By making a reservation with 360°, the Client acknowledges that they have read, understood and agree to be bound by these Booking Conditions.
3.2 Reservations will be converted to bookings upon the Client paying:
(a) a deposit of USD 500 per person for bookings made at least 25 days prior to the arrival date in Mongolia. The deposit is non-refundable. The deposit must be received by 360° within 7 days after notification of the reservation or the date 90 days prior to the departure date, whichever occurs first. The balance of the tour cost must be paid no later than 25 days prior to the departure date; or
(b) the whole tour cost for bookings made less than 25 days from the departure date. Payment must be received by 360° within 72 hours of notification of the reservation.
3.3 A reservation will lapse if the Client does not pay the deposit or the tour cost by the due date for the relevant payment.
3.4 A binding tour contract will be formed when 360° notifies the Client that it has converted a reservation to a booking under clause 3.2.
3.5 360° reserves the right to withdraw, change, cancel or reallocate the tour components, the tour cost and the departure date at its discretion at any time before the booking is confirmed.
3.6 Any requested variation to a tour booking must be submitted in writing to 360°. 360° may decide in its discretion whether to accept a request for variation. 360° reserves the right to charge an administration fee of up to USD 50 per person per variation. The Client must pay any extra cost arising from the variation including any cancellation fees incurred by 360° from third party suppliers, and the administration fee, within 7 days of notification by 360°.
- Cancellations & Refunds
4.1 The Client must notify 360° in writing if it wishes to cancel any booking. Cancellations are subject to the Client paying the relevant cancellation fee set out below and will be effective only upon written acknowledgement by 360°.
4.2 Cancellation Fees: If a cancellation is received more than 30 days prior to the departure date, 360° will retain the full deposit as the cancellation fee. If a cancellation is received after 15 days prior to the arrival date, 360° will deduct or charge 50% of the tour cost as the cancellation fee. If a cancellation is received less than 5 days prior to the arrival date, 360° will deduct or charge 100% of the tour cost as the cancellation fee. In addition, the Client will be required to pay any cancellation fees imposed by Suppliers on 360°, which are not covered by the cancellation fees detailed in this clause.
4.3 No refunds can or will be given in connection with:
(a) any changes to the tour booking requested by the Client after departure;
(b) the Client’s failure to appear for the tour, or any component part of the tour, or the Client leaving the tour after its commencement; or
(c) the Client being excluded from the tour, or any component part of the tour, in accordance with these Booking Terms.
(d) The Client’s failure to comply with passport and visa regulations before travelling to or during their time in Mongolia, and in transit through Russia and China, or failure by the Mongolia Immigration to process any visa application with sufficient time to allow the client to travel to Mongolia resulting in the client not being allowed to travel to Mongolia, the client having their visa cancelled, the client being detained, deported or otherwise stalled by any authorities.
5.1 The Client acknowledges that the Suppliers are independent contractors and are not under the direct control of 360°, and are not the agents nor employees of 360°.
5.2 360° does not warrant the performance of any Supplier, and the Client releases 360° from liability for any loss, damage, cost or expense (including without limitation any property damage or personal injury) suffered by the Client which arises from any act or omission of a Supplier or failure by a Supplier to meet the Client’s expectations, as defined under Swedish consumer law.
5.3 Baggage is the responsibility of the Client for the journey to/from Mongolia. International air travel is not included in 360° services. Restrictions may apply as to the weight, number of items and nature of the baggage for any air travel. The Client must comply with such restrictions. Lost, damaged or delayed baggage is subject to the terms and conditions of carriage of the relevant carrier. 360° is not responsible for, and the Client releases 360° from, any liability for any lost, damaged or delayed baggage. Battery power packs in checked-in luggage through China and Russia airports will be confiscated while in transit by the local authorities.
- Medical Conditions
6.1 It is the Client’s sole responsibility to take all appropriate medical advice prior to departure as to whether the Client is fit enough to undertake the tour and as to the vaccines, medications and other precautions appropriate to the tour.
6.2 The Client acknowledges that medical services and facilities may not be readily available during the tour, and that no medically qualified personnel will accompany the tour. First Aid Kit will be carried by support staff on the tour, in vehicles or at hotels or lodges.
6.3 Clients must inform 360° prior to commencement of the tour of any pre-existing medical conditions, which may affect the Client’s ability to participate in the tour.
6.4 The Client acknowledges and agrees that 360° and its Suppliers may in their sole discretion exclude the Client from the tour or any activity if 360° or a Supplier considers that the Client is unable to safely participate in the tour or activity as a result of a medical condition.
- Travel Documents & Vaccinations
7.1 It is the Client’s responsibility to ensure that all passports, visas, travel permits, health certificates, or other documentation required for the tour are obtained, are in order, and that all required vaccinations have been obtained. It is the Client’s responsibility to meet any additional costs incurred either by the Client or by 360° on the Client’s behalf, as a result of any failure to comply with these requirements.
- Liability, Risk, Responsibility and Limitation
8.1 The Client acknowledges that there are inherent risks involved in participating in the tour, including close contact with native fauna, horses and exposure to the harshness of the wilderness. By making a booking, the Client accepts all risks associated with the tour.
8.2 The Client hereby releases 360° and its respective officers and employees from all actions, proceedings, claims and demands that the Client may otherwise have now or in the future against 360°, as a result of or in connection with, whether directly or indirectly the Client’s participation in the tour (except where 360° has breached these Booking Terms). Nomadic Journeys LLC is covered by a General Liability Insurance, while the Client is in Mongolia.
8.3 Without in any way limiting the operation of the release in clause 8.2, the Client hereby releases 360° from all actions, proceedings, claims or demands that the Client may otherwise have now or in the future against 360° for death or personal injury in connection with, whether directly or indirectly, as a result of any failure of 360° to provide services with due care or skill.
8.4 The Client will be responsible for any loss or damage arising from their acts or omissions.
8.5 360° does not make any express warranties in relation to the tour, and 360° hereby excludes all implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non-Excludable Condition).
8.6 360°’s liability for breach of any Non-Excludable Condition is limited, at 360°’s option, to supplying the relevant services again, or paying the cost of having the services supplied again.
8.7 360° will not be liable for any loss of enjoyment, financial loss, damage, cost or expense (including without limitation any property damage or personal injury) suffered by the Client resulting from adverse weather conditions or other circumstances outside 360° influence.
8.8 360° will not be liable for any special, indirect or consequential losses or damages, regardless of the circumstances.
8.9 In no event will 360°’s liability to the Client under these Booking Conditions exceed the total price paid by the Client for the tour booked.
9.1 360° strongly recommends that Clients have comprehensive travel insurance. Insurance should cover, but not be limited to, cancellation fees and loss of deposit, damage to and loss of baggage and money, medical and hospitalization expenses, repatriation or curtailment expenses due to illness, the need to return home because of an unexpected death or illness in the immediate family, evacuation expenses and accidental death or disability. Clients should obtain exclusion waivers where appropriate for adventure activities excluded in travel insurance policies. The insurance policy numbers and details of the Client, will need be filled in to the on-line Personal Details Form or at the latest be collected by local guide on first arrival to the destination.
9.2 It is the Client’s sole responsibility to obtain the appropriate insurance cover as set out in clause 9.1 of these Booking Conditions.
- Prices, Payment, Surcharges
10.1 360° will use all reasonable efforts to maintain the tour cost as quoted at the time of the tour booking. However, 360° reserves the right to pass on as a surcharge any cost increases due to circumstances outside its control, such as foreign exchange variations. 360° will endeavour to notify Clients in writing as soon as it is aware of any likely surcharge. However, 360° reserves the right to invoice a surcharge without notice. If the surcharge is not paid within the time stipulated on the invoice, 360° will construe such non-payment as an act of cancellation on the Client’s part and the provisions of clause 4 will apply. If the total cost increase surcharge is in excess of 5 percent, the Client has the immediate right to cancel the tour with a full refund.
10.2 All prices are quoted in US dollars unless otherwise specifically indicated, and payments must be made in the currency quoted. 360° reserves the right to adjust prices quoted due increase or decrease of value of local currencies RUB, CNY, KZT and MNT, to reflect fluctuations in foreign exchange rates. All prices are inclusive of local VAT, unless stated as exclusive to local corporate Client’s for each jurisdiction.
- Special Needs & Requests
11.1 Clients must inform 360°, prior to booking confirmation, of any special needs which, if not met, may adversely affect the enjoyment of their intended journey. 360° will not be held liable for any loss of enjoyment resulting from failure to disclose information pertaining to the individual special needs of Clients.
11.2 Clients must advise 360° in writing of any special requests, e.g. diet or facility, when the reservation is made. A personal details on-line link will be provided to facilitate this. 360° will, if reasonably possible, arrange for the request to be fulfilled.
11.3 Any additional costs incurred by 360° or it suppliers, agents, contractors and service providers in accommodating the special needs and requests of Clients may be charged to the Client. 360° will inform the Client of any such charges prior to making the necessary arrangements.
12.2 The Client grants to 360° the right to use any images of the Client on tour for brochures and other marketing, promotional and company purposes. The Client agrees that no further consents, nor payment of any amount, is required for any use of images under this clause.
- Force Majeure
13.1 ‘Force Majeure Event’ means any circumstances beyond the reasonable control of 360° (including, without limitation, acts of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, terrorism, insurrection, piracy, civil disturbance, or requisition, sickness, quarantine, government intervention, quarantine, weather conditions, alteration or cancellation of scheduled air services or other untoward occurrences).
If 360° is affected by a Force Majeure Event 360° or its local agents, shall notify the Client as soon as reasonably practicable of the nature and extent thereof.
13.2 360° shall not be deemed to be in breach of these Booking Conditions or otherwise be liable to the Client or any other person, by reason of delay in performance or non-performance, of any of its obligations in these Booking Conditions to the extent that any such delay or non-performance is due to a Force Majeure Event.
13.3 If 360° or its Suppliers are affected by a Force Majeure Event 360° will be entitled to, and may in 360°’s sole and absolute discretion, vary or cancel the tour, or any component part of the tour. Payment of any refund by 360° to the Client as a result of the non-performance of any of 360°’s obligations due to a Force Majeure Event will remain at its sole and absolute discretion, although 360° will use its reasonable endeavours to reimburse the Client where possible. However, 360° will be entitled to deduct from any refund, the reasonable actual and potential costs to 360° of the Force Majeure Event.
13.4 In relation to a Force Majeure Event involving civil unrest or terrorism, once 360° has investigated the prevailing situation as it deems fit, it will remain in 360°’s sole and absolute discretion whether to proceed with the tour. The Client may in such circumstances cancel the tour. However, if after having made all reasonable and proper enquiries, 360° is of the opinion that the tour may proceed, but the Client does not wish to proceed, no refund will be payable to the Client and the provisions of clause 4 will apply.
- Complaints/Dispute Resolution
14.1 Clients who have any cause for complaint while travelling must immediately notify 360° and the relevant Supplier, where possible in writing, to give 360° the opportunity to remedy the complaint.
14.2 360° will not accept responsibility for complaints received more than 14 days after the occurrence of an event leading to the complaint.
14.3 Both 360° and the Client will use alternative dispute resolution procedures to resolve disputes prior to resorting to legal proceedings.
- Compliance with Operator Instructions
15.1 The Client must comply with the reasonable instructions of 360° and/or its Suppliers.
15.2 Without in any way limiting its rights under other clauses of these Booking Terms, 360° may in its absolute discretion exclude a Client from the tour, or any component part of the tour, in the event that:
(a) the Client fails to comply with the reasonable instructions of 360° or its Suppliers;
(b) the Client makes themselves objectionable to other clients or otherwise interferes with other clients’ enjoyment of the tour;
(c) the Client jeopardises the safety of other clients, engages in illegal or undesirable behavior or otherwise become a hazard to themselves or other clients.
16.1 360° requires certain information about the Client to provide the tour and other services. Without this information, 360° will not be able to accept booking for a tour.
16.2 360° may disclose the Client’s personal information to its Suppliers for the purpose of arranging and booking the Client’s tour. The Client’s information may also be disclosed to related companies of 360°, and to and service providers who act on behalf of 360° or who provide goods or services to 360°. 360° may use the Client’s information to inform them of additional products and services which may be of interest. The Client may notify 360°’s Sales Manager at any time if they no longer wish to receive this material. The personal information provided to 360° will not be shared to third parties.
16.3 The Client may request access to personal information that 360° holds about them.
16.4 Before providing 360° with details about another individual, the Client must ensure that the individual is aware of:
(a) the proposed disclosure of their information to 360° and the purposes for which the information is collected and used by 360°; and
(b) the individual’s ability to request access to the information 360° holds about then under the Privacy Act.
- Governing law
17.1 These Booking Conditions are governed by the laws applicable in Sweden, a EU member state country.
360° Mongolia – Eco Tour Production AB
621 57 VISBY, Sweden
Ph: +46 498 487105
Fx: +46 498 487115
Representative and main supplier in Mongolia:
Nomadic Journeys LLC
7/3 Olympic Street, Sukhbaatar district,
ULAN BATOR 14240, Mongolia
Ph: +976 11 330360
Fx: +46 498 487115
Visits Ulan Bator: Centrum Building 5th floor, 300m north of Shangri-La Hotel.